A petition has been filed before the Judicial Service Commission (JSC) by Michael Kojo Otieno seeking the removal of Chief Justice (CJ) Martha Koome from office.
In the petition, Kojo claimed that CJ Koome has failed to follow the law in appointing the members of the Tax Appeal Tribunal.
The petitioner further said the CJ discriminated against persons who had applied to be members of the board.
Kojo also argued that Koome failed to conduct herself in a manner that promotes transparency and appointed more members than the required as per the act.
He claimed that Koome’s actions in the appointment of the Tax Appeal Tribunal members violated Article 166 of the Constitution which stipulates leadership conduct of a judge, judicial officer and staff.
“While appointing members of the tax appeal tribunal, the judge failed to comply with the express provision which required the judge to appoint not less than fifteen members and not more than twenty of which the judge appointed more members than the number required as per the act hence the judge violated Article 3, 10 and rule 3(5) of code of conduct of judicial officers as read with Public officers ethics Act hence defeating public confidence,” read the petition in part.
Koome Unfit for Office
Kojo told the JSC that Koome is unfit to hold the CJ office for failing to execute her duties with powers conferred upon her by an act of parliament in the said appointment.
“While appointing persons to serve at the tax appeal tribunal, the judge failed to be honest in execution of powers conferred to her by the Tax Appeal Tribunal Act based on powers conferred to the judge as a judicial officer contrary to rule 12(1) of the judicial officers code of conduct hence unfit to hold the office of a judge,” read another part of the petition.
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The petitioner said Koome failed the test of being selfless based on the public interest being demonstrated with honesty in the execution of public duties while appointing the members of the Tax Appeal Tribunal.
According to Kojo, Koome’s decision to appoint more persons than the required number has burdened the Kenyan taxpayers hence services provided are not of good quality as anchored in article 46 of consumer rights.
He explained that the CJ did not give an explanation to Kenyans on reasons as to why two more persons were to be appointed against provisions of the law.
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Why She Should Be Removed
For these reasons, Kojo asked JSC to remove Koome from office on the failure to comply with the relevant statutes of the law especially Tax Appeal Tribunal Act section 4 of the amended act.
“The actions of the chief justice in the appointment of the tax appeal tribunal are indeed illegal, null and void and hence unfit to hold public office,” he explained.
This comes amidst a prolonged fight between the judiciary and the executive arm of government over court orders issued against government development bills like the Affordable Housing Programme.
